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Mrs. Jamuna Uke vs State Of Chhattisgarh 121 ... on 3 November, 2017

16.20. Before concluding the discussion, this Court feels the need to highlight that there are some gaps in the case set up by the plaintiff as well. Firstly, he has not disclosed anything about the source of Rs.7,50,000/-, the loan in question advanced by him in cash to the defendant especially in view of the fact that he himself admitted that he did not disclose the loan transaction in question in his income-tax return. Secondly, plaintiff deposed in his cross examination that the defendant approached him for the first time for the loan in question on 02.06.2015 and on that very day, he advanced the loan to him, prima facie appears unconscionable. Thirdly, the plaintiff has stated in his cross examination that the undertaking-cum-receipt Ex.PW-1/1 was Suresh Kumar Vs. Satish Yadav @ Satish Kumar Page: 15/18 not notorised in his presence as the defendant got it done later on.
Chattisgarh High Court Cites 11 - Cited by 2807 - P K Mishra - Full Document

Bir Singh vs Mukesh Kumar on 6 February, 2019

16.10. For the sake of completion, it be also noted that in the present case, the defendant has taken the plea that he handed over four blank signed cheques to the plaintiff and out of which one of them Ex.PW-1/2 has been misappropriated by the plaintiff for filing the present suit. While dealing with an issue regarding issuance of blank signed cheque, Hon'ble Apex Court in Bir Singh Vs. Mukesh Kumar, (2019) 4 SCC 197, observed that a meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Section 20, 39 and 87, makes it amply clear that a person who signs a cheque and makes it over to the payee remains liable unless he adduces evidence to rebut the presumption that the cheque had been issued for the payment of a debt or in discharge of a liability and it is immaterial that the cheque may have been filled in by any person other than the drawer if the cheque is duly signed by him.
Supreme Court of India Cites 25 - Cited by 2207 - I Banerjee - Full Document
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